REVscene - Vancouver Automotive Forum

KxXx · 09-08-2009, 09:17 PM

I was going down boundary and changed lanes in front of the cop going 50 (I was going 60 to change into his lane to go on southeast and I couldnt brake and cut behind him cuz there were so many cars) and turned onto southeast marine.

I got stuck at a light and the cop caught up behind me. As I was just starting to go after a light turned green he pulled me over and said I was speeding down the hill and on southeast marine.

Anyways he gave me a ticket and he wrote it information down wrong. I drive a BLACK BMW CONVERTIBLE but he wrote down my car as a BLACK FORD MUSTANG.

Just wondering if its gonna get thrown out or not, and if not can I say I wasnt speeding because I was just starting off at a light when he pulled me over.

Thanks for the help and yes i did try to search "wrong make model ticket" but nothing vital came up

skidmark · 09-08-2009, 09:21 PM

It was "shaded area" that you needed to search on. If this is the only error on the ticket you won't win because of it.

KxXx · 09-08-2009, 09:28 PM

Thanks for the quick reply skidmark!

I wasnt speeding when the cop pulled me over, because the light just turned green. Can I argue that I was not speeding when he pulled me over? Isnt there something that says the cop must always maintain sight of the vehicle or sth? thanks

CRS · 09-08-2009, 10:35 PM

Quote:

Originally Posted by KxXx

Thanks for the quick reply skidmark!

I wasnt speeding when the cop pulled me over, because the light just turned green. Can I argue that I was not speeding when he pulled me over? Isnt there something that says the cop must always maintain sight of the vehicle or sth? thanks

Well, you certainly weren't speeding when you were at a full stop. If it happened prior and he saw you speeding, you are hooped.

If you did speed and were over the limit, just pay the fine.

mtnrat · 09-08-2009, 10:56 PM

If any info on the ticket is wrong it is thrown out. AFAIK. If I have had any errors the ticket was thrown out by the judge immediately.

KxXx · 09-08-2009, 11:34 PM

Lol but I was only going 60! I know 60 is still speeding but it hardly counts. He even told me after and he gave me a ticket for going 60 amounting to $196.

Im just wondering why he didnt pull me over earlier, it almost seems like hes only ticketing me cuz i got caught by the light. I don't think its justified how he can give me a ticket later and not when the offense happened. Because there is a fair bit of road between boundary almost to kerr and he never pulled me over.

And the place he wrote down where the offense took place was not where I was speeding but where he pulled me over.

jlenko · 09-09-2009, 12:35 AM

Speeding is an absolute offence.. you either are speeding, or you are not. There is no gray area, though few officers on here or out in the real world would ticket you for 10 over...

Did ya cut him off or something??

Soundy · 09-09-2009, 04:28 AM

Skidmark will tell you, winning any dispute comes down to your credibility vs. the cop's. It's possible, though not likely, that if the cop makes a lot of "mistakes" like this, or has a history of writing borderline-BS tickets, he may already have damaged credibility with the JP.

The JP may have the train of thought, "If you can't tell a BMW from a Mustang, how can you possibly read a speedometer?" Or remember that the court probably sees the same officers on a regular basis for these disputes, especially if the cop is a jerk that writes a lot of 1km-over-the-limit, walking-and-chewing-gum tickets... a JP might get frustrated with such minor infractions clogging up his court and decide to smack the cop down.

Again, it's not likely... but it's possible.

zulutango · 09-09-2009, 07:27 AM

Quote:

Originally Posted by mtnrat

If any info on the ticket is wrong it is thrown out. AFAIK. If I have had any errors the ticket was thrown out by the judge immediately.

Actually AFAIK...and I do know...your statement is not correct. It would need a a fatal error to have it dismissed. Things like an incorrect date would be a fatal eror. Shaded info sections are NOT fatal...as it says right on the issued copy of the VT.

A $196 ticket is for 20 plus over the limit...21 to 40 k and 10 k over would be a $138 VT. 60 in a 50 would not be $196. The charge is saying you were doing at least 70 in a 50.

CRS · 09-09-2009, 07:35 AM

Quote:

Originally Posted by mtnrat

If any info on the ticket is wrong it is thrown out. AFAIK. If I have had any errors the ticket was thrown out by the judge immediately.

Your advice so far is terrible.

KxXx · 09-09-2009, 10:04 AM

Hmmm i distinctively remember the cop asking me "do you know how fast you were going" I said "50,55?" And he said " You were going 60 and you even cut an officer off on boundary"

I did not cut him off cuz how can i miss a motorcycle cop, theres no way I wouldnt have seen him.So I guess he told me I was going 60 but he wrote me down in his notes as going 70 or 80 then.

But regardless lets hope the cop forget to take notes and he forgets everything, cuz he didnt even ask for my registration papers haha.

zulutango · 09-09-2009, 11:04 AM

Maybe the Cop you cut off was in an unmarked vehicle? At one point you may have been going 60 but his ticket said you also were going 70 plus at one point too. As far as mising a MC Cop.. while in full uniform on a marked Police MC, I have been passed by cars on 4 lane Hwys, they continued past me continuing to speed and then when I stopped them, the first words are "where were you"? People look at motorcycles, some just don't see them.

skidmark · 09-09-2009, 11:33 AM

Quote:

Originally Posted by mtnrat

If any info on the ticket is wrong it is thrown out. AFAIK. If I have had any errors the ticket was thrown out by the judge immediately.

Depends on the error. FYI, search "shaded area."

Remedy · 09-09-2009, 08:44 PM

Quote:

Originally Posted by KxXx

Im just wondering why he didnt pull me over earlier, it almost seems like hes only ticketing me cuz i got caught by the light. I don't think its justified how he can give me a ticket later and not when the offense happened. Because there is a fair bit of road between boundary almost to kerr and he never pulled me over.

And the place he wrote down where the offense took place was not where I was speeding but where he pulled me over.

Police will often run your vehicle before pulling you over... your driving record will often make a difference whether they will give you a ticket or not. People who have many tickets (in previous 5 years) are less likely to be given a break.

Also police will wait until you are at a good spot to pull you over...if you are stopped at a light police will almost always wait for it to be green so you don't block the intersection.

As for not asking for your registration papers, it doesn't mean a thing. He would have ran your vehicle over the air if it was a motorcycle cop (as they don't have computers on the bikes) and checked out the information.

chris_89T · 09-09-2009, 08:53 PM

Yeah i dont think they have much of an issue pursuing that ticket. Id just pay it and be done with it. Speeding is speeding whether its 1kmh or 100kmh over the speed limit, if i need to get in a lane and theres a cop beside me i Always air on the side of caution and slow down and go behind him. Not worth pushing your luck.

zulutango · 09-10-2009, 05:35 AM

"I don't think its justified how he can give me a ticket later and not when the offense happened. Because there is a fair bit of road between boundary almost to kerr and he never pulled me over. "

They have up to 12 months to issue the ticket..

And the place he wrote down where the offense took place was not where I was speeding but where he pulled me over."

Look at the ticket..."at or near".... depending on the offence, a driver could be breaking the law over a large area. Why not list where he gets stopped ?

KxXx · 09-10-2009, 11:15 AM

I guess I'll just hope for the best and that the cop didnt take notes or sth and forgot all abt it. Maybe the judge will be nice and throw it out after seeing that the ticket doesn't match up with my car.

thanks for all the replies.

Drift_Monkey · 09-10-2009, 11:45 AM

tell the judge exactly what happen and your reason for driving 60 to change lanes.

you sped up to change lanes but was not speeding excessively to create a dangerous act.

it really depends how the cop felt while you changed lanes in front of him.

goodluck with your case.

zulutango · 09-10-2009, 03:01 PM

If you testify that you were speeding, then the JP will accept your testimony as an admission of guilt. Speeding is an absoloute liability offense..1 km over is speeding. Unless it was a life and death situation where someone else's driving left you absoloutely no other option than to speed, you are guilty. Never seen one of those ever come up in court where the JP said it was OK to speed. If you are slowing for a red light and an 18 wheeler is coming up behind you fast and the only thing to do to escape being rear-ended and killed, is to accelerate over the limit & immediately pull to one side...that would be an acceptable circumstance. The fact that you choose to speed to make a lane change, instead of slowing down, or remaining where you are, or going around the block and coming back, is NOT a life or death circumstance in my experience.

Remedy · 09-10-2009, 05:40 PM

Quote:

Originally Posted by KxXx

I guess I'll just hope for the best and that the cop didnt take notes or sth and forgot all abt it. Maybe the judge will be nice and throw it out after seeing that the ticket doesn't match up with my car.

thanks for all the replies.

People like you make waste court time and taxpayers money. If you were speeding and got caught (ie. have no legitimate excuse), just pay your fine and keep on living.

JHatta · 09-12-2009, 03:26 PM

hahaha you bitch.

i don't think you've ever not disputed a ticket.

kkttsang · 09-13-2009, 12:41 PM

i got a ticket once and the officer put the wrong date on their and when i went to paid it the lady at the MVA realized it adn told me i should dispute it and it may get "thrown out" so i disputed it, and a month later a letter came to my house saying the officer did not hand in his copy of hte ticket so i was off the hook

CRS · 09-13-2009, 01:07 PM

Quote:

Originally Posted by kkttsang

i got a ticket once and the officer put the wrong date on their and when i went to paid it the lady at the MVA realized it adn told me i should dispute it and it may get "thrown out" so i disputed it, and a month later a letter came to my house saying the officer did not hand in his copy of hte ticket so i was off the hook

That is different though. The date of the incident is critical and if it is incorrect, then you have a very good chance at winning the dispute.

JudeChow · 09-13-2009, 02:09 PM

If he lost sight of your vehicle at any point, you could say he had simply mistaken you for another car. To support this point, you could point out that he should have been in pursuit of a Mustang.

wingies · 09-14-2009, 12:21 AM

Quote:

Originally Posted by JudeChow

If he lost sight of your vehicle at any point, you could say he had simply mistaken you for another car. To support this point, you could point out that he should have been in pursuit of a Mustang.

lol I wonder if that would actually work. There is no way in hell a cop can mistake a bmw with a ford mustang, they dont even remotely look alike!